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Bombay High CourtWP/977/2023disposed off

Suraj Girijashankar Yadav And ORS v. State Of Maharashtra And ANR

2023-03-30Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik1 pages

CAJ 64-Wp-977-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 977 OF 2023 Suraj Girijashankar Yadav And Ors.

... Petitioners V/s.

State Of Maharashtra And Anr.

... Respondents Mr. Sachin R. Pawar a/w Mr. Nikhil Mallelwar for Petitioners. Mrs. M. M. Deshmukh, APP for Respondent No.1-State. Ms. Shraddha Sawant for Respondent No.2.

CORAM : A.S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 30th MARCH, 2023.

P.C. :

1.

Record indicates that, admittedly in the present case, after completion of investigation of present crime i.e. C.R. No. 51 of 2022 registered with Pimpari-Chinchwad Police Station, District Pune under Section 377, 498A, 323, 504 read with Section 34 of the Indian Penal Code, Police have submitted charge-sheet in the Court of competent jurisdiction. 2.

Petitioner therefore is having substantive alternate remedy by way of filing of discharge Application before the trial Court, as contemplated under the provision of Cr.P.C.

3.

In view thereof, learned Advocate for Petitioners on instructions seeks leave to withdraw present Petition with liberty to adopt alternate remedy as may be permissible under the provisions of Cr.P.C. Leave and liberty granted.

4.

Petition is disposed off as withdrawn with aforesaid liberty. (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 1/1